ENFORCE21581 - Laserfiche WebLink

Home Browse Search

Y Proposed Civil Penalty Assessment Seneca Coal Company/The Yoast Mine CO-2003-012 November 20, 2003 Materials reviewed: DMG Folder for NOV CV-2003-007; DMG Folder for CO-2003-012. Written comments from permittee pertaining to this Cessation Order (CO) were not submitted. History [Rule 5.04.5(3)(a)]: Three NOVs and one CO have been issued to [his mine within the 12-month period preceding the issuance date (10/22/03) of this CO. CV-2003-006 was last modified on 10/09/03, and CV-2003- 008 was terminated on 10/22/03. These two NOVs aze thus within their respective 90-day administrative appeal periods, and aze excluded from the History component. CV-2003-007 has been neither modified, extended, nor terminated since its issuance date of 7/21/03. It has thus gone beyond its 90-day administrative appeal period, and is included in the History component. Cessation Order CO-2003-011, issued on 10/22/03 was terminated on 11/13/03. It is thus within its 90-day administrative appeal period, and is excluded from the History component. The History component is therefore proposed to be set at $50. Seriousness [Rule 5.04.5(3)(b)J: The Seriousness component of a proposed assessment may range from $0 to $1750. The amount proposed depends upon whether the violation was one of performance requirements or of administrative requirements. This CO was written for a violation of performance requirements. In the case of a violation of performance requirements, Ute amount to be assessed for Seriousness depends upon (1) the probability of the occurrence of the event which a violated standazd is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of azea and impact on the public or environment. (1) Failing to have finished baclcftlling, grading, topsoiling, and re-seeding the remainder of the azea designated for reclamation in 2001-2002 by the requued timeframe created the potential to create wind erosion, water erosion, and off-site sedimentation and water quality problems. The probability of these potential events occurring in this significantly lazge azea seems high. (2) There appeazs to have been no actual impact upon the public or environment from the violations cited in this CO. The duration and extent of any potential impact upon the public or environment from the violation cited in this CO seems moderate. The Seriousness component of this assessment is therefore proposed to be set at $500. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations rosy range from $0 to $250. Assessments for violations that were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. Failure to have complied with the abatement steps set out in NOV CV-2003-007 by the required abatement deadlines appears at this time to have been intentional. The Fault component is therefore proposed to be set at $1500.